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Articles 1 - 17 of 17
Full-Text Articles in Law
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
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A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
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From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
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No abstract provided.
Super Size Me And The Conundrum Of Race/Ethnicity, Gender, And Class For The Contemporary Law-Genre Documentary Filmmaker, Regina Austin
Super Size Me And The Conundrum Of Race/Ethnicity, Gender, And Class For The Contemporary Law-Genre Documentary Filmmaker, Regina Austin
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According to director Morgan Spurlock, the idea for "Super Size Me," the hugely popular documentary that explored the health impact of fast food, originated from a news report about Pelman v. McDonald’s, one of the fast food obesity cases. Over the course of his month-long McDonald’s binge, Spurlock became the literal embodiment of fast-food’s ill-effects on the seemingly generic American adult physique. Spurlock’s take on the subject, however, ignores the circumstances that contributed to the overweight conditions of the Pelman plaintiffs who were two black adolescent females who ate their fast food in the Bronx. One of them was homeless …
Some Learning Opportunities From The Imus Affair, Kenneth Lasson
Some Learning Opportunities From The Imus Affair, Kenneth Lasson
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The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
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At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.
Recognition Long Overdue, F. Michael Higginbotham
Recognition Long Overdue, F. Michael Higginbotham
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In 2007, the Tuskegee Airmen, black pilots during World War II, were awarded the Congressional Gold Medal. While individuals have been recognized for such service, this was the first time a group had been honored. This article argues that the recognition, while late, was appropriate.
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
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In 1857, the Supreme Court rendered a decision in Dred Scott v. Sandford, declaring that it had no jurisdiction to hear Dred Scott's claim to freedom because he was black and, therefore, not a citizen of the United States. This article argues that not only was the decision morally reprehensible, it was also based on an erroneous interpretation of the Constitution.
From Reparation To Restoration: Moving Beyond Restoring Property Rights To Restoring Political And Economic Visibility, Bernadette Atuahene
From Reparation To Restoration: Moving Beyond Restoring Property Rights To Restoring Political And Economic Visibility, Bernadette Atuahene
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Abstract: How does a democratic state legitimize strong property rights when property arrangements are widely perceived to be defined by past theft? The answer, I argue, is through restorative justice measures that redistribute wealth based on past dispossession. This answer, however, leads to two more complex questions: Who gets priority in the restorative process given limited resources and how should the process unfold? The concise answers to these two ancillary questions are: First, instances of what I call property-induced invisibility should be prioritized as a baseline for achieving legitimacy. When property is confiscated in this manner people are removed from …
You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone
You Take My Space, I Take Your Air: An Empirical Study Of Disabled Parking And Motor Vehicle Laws For Persons With Disabilities, Donald H. Stone
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Reserved parking and specialized treatment are necessary to permit individuals with disabilities access to goods, services, and employment opportunities on an equal basis with the general public. Why are disabled drivers entitled to disabled parking spots? What is the procedure for an individual with a disability to receive special disability registration license plates? What is the role of the Medical Advisory Board in reviewing the ability of disabled drivers to get behind the wheel? What, if any, obligation or responsibility does a physician treating a disabled driver have to notify the Department of Motor Vehicles of the patient's condition or …
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
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The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …
Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich
Toward A Policy Of Heterogeneity: Overcoming A Long History Of Socioeconomic Segregation In Housing, Peter W. Salsich
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This article focuses on the exclusionary effects of land use regulation on housing availability and cost. Recent research by economists and others highlighting such effects is examined. The histories of parallel efforts to provide housing for low- and moderate-income families as well as persons with disabilities are reviewed. The article recommends that legislation be enacted that elevates affordable housing for low- and moderate-income to a level of national concern similar to national policies favoring efficient transportation, as well as protecting coastal and wetland areas and endangered species.
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
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No abstract provided.
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
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Economists recognize that nations can gain from trade through not only the free movement of goods across national boundaries but also the free movement of services, capital, and labor across national boundaries. Despite the presumption that economic theory raises in favor of international labor mobility, the nations of the world maintain restrictions on immigration and show little inclination to liberalize these barriers significantly. Michael Walzer defends immigration restrictions as policies necessary to maintain distinct cultural communities and rejects the alternative of voluntary residential segregation at the local level. I argue that we should instead prefer voluntary segregation at the local …
Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby
Striving For Equality, But Settling For The Status Quo: Is Title Vi More Illusory Than Real?, Ruqaiijah Yearby
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A plethora of empirical studies, such as the Institute of Medicine’s Unequal Treatment report, have shown that racial inequities in health care continue at the same level as in the Jim Crow Era. Innumerable reasons have been offered to explain the continuation of these health inequities, including racial discrimination. Congress enacted Title VI of the Civil Rights Act of 1964 to put an end to racial discrimination in health care, but it still persists. Given the regulation and enforcement mechanisms established under Title VI explicitly aimed at remedying racial discrimination such as that directed at elderly African-Americans it is unbelievable …
Guilty Bystanders, Chad Flanders
Guilty Bystanders, Chad Flanders
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There is a part o f Martin Luther King, Jr. 's Letter from Birmingham Jail that always catches me up short, and which I now think o f as at the heart o f the essay: not King's civil disobedience, not his claim that an unjust law is not a law, but his anger at the character he termed the "white moderate." 1 It was bad, King said, when the public called him and his allies "niggers" and when the police hosed them down in the street. But what really pained King was that so many well-meaning whites stood by …
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky
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No abstract provided.